Summary: We will not investigate Mrs X’s complaint about the Council’s response to her request for information about her mother. This is because there is no sign of fault by the Council.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council’s response to her request for information relating to her mother, Ms Y.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X is one of Ms Y’s attorneys for property and financial affairs. There is no power of attorney in place for health and welfare matters.
7. Mrs X asked the Council to provide information about Ms Y’s health and wellbeing including a copy of her care assessment and care plan. Mrs X said she needed information about her care as she sometimes cared for Ms Y.
8. The Council considered the request. It told Mrs X it could not provide the information requested. This was because it did not have Ms Y’s consent to do so and it was Ms Y’s clearly established wish that it should not share her information with anyone except another family member who is her main carer. It checked and confirmed Mrs X did not hold any formal status such as power of attorney for health and welfare which could enable it to share information with her.
9. The Council suggested it could carry out a mental capacity assessment and best interests decision if there was a doubt around Ms Y’s capacity but Mrs X declined.
10. Whilst I note Mrs X is unhappy with the Council’s decision, I can see no sign of fault in the Council’s response here. The Council has clearly explained it cannot provide the information requested without consent, or a capacity assessment and best interests decision. There is nothing further we could add.
11. Mrs X has no formal status which would enable the Council to share information with her about Ms Y’s care without Ms Y’s consent. She is not entitled to receive this information about Ms Y simply by virtue of being a family member and having previously provided care.

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Final decision

12. We will not investigate Mrs X’s complaint. This is because there is no sign of fault by the Council.

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Investigator's decision on behalf of the Ombudsman